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A man prosecuted for disobeying Kauri’s death row rules claims that a compliance officer who caught him entering a closed runway was belligerent and her demeanor bordered on “vigilante action.”
And a notice of violation has surfaced issued to the man warning that he could be fined up to $ 1,000 or face up to three months in prison and had to be withdrawn after he pointed out various clerical errors.
Robert Armitstead, in his 60s, appeared today in Waitākere District Court for a trial before Judge Lisa Tremewan.
It is the first prosecution of its kind and is described as a precedent-setting case.
The court heard that he was caught multiple times with an infrared bush camera walking down a closed track on Scenic Rd in Titirangi in violation of restrictions.
He was also arrested when entering an access road that was prohibited to prevent the spread of Kauri disease.
The Auckland Council alleges that Armitstead entered the closed slopes of Waitākere Ranges Regional Park three times over the course of five months in 2019.
He pleaded guilty this morning to one count of violating road closure restrictions, but denies two other charges established under the council’s Public Safety and Nuisance Ordinance.
The court heard that Armitstead was caught entering a closed runway on May 14, 2019, when he was discovered by Kauri’s dieback enforcement officer Vanda Karolczak at Greenwoods Corner, off Scenic Rd in Titirangi.
Karolczak told the court that he had just finished his shift at the Arataki Visitor Center and was driving home on Scenic Drive when he saw two vehicles parked near an access road.
He stopped and photographed the license plates of the two vehicles, then noticed a man entering the track.
She screamed but he didn’t stop. When he called again, the man turned around and she recognized him as Armitstead, whom she had known for about 15 years.
“He came to me. I told him, ‘You can’t be there Bob, it’s closed for kauri dieback. The sign is here and you have to get out.’
Armitstead allegedly replied that he had spoken to city hall staff who had assured him that there was no kauri on this section of the track and that the soil had not been analyzed.
“He said, ‘So buddy, I’m going in.’ He just turned and walked away. He was quite surprised.”
Karolczak told the court that a nearby sign at the entrance read:
“Stop, don’t go in. Strictly no access.
“Any unauthorized person entering this closed area commits a crime.
“Penalties of up to $ 20,000.”
He got back to his car and made notes about the exchange before he left. He reported the matter to his superior the next day.
Karolczak also told the court that on August 28 she and a colleague drove to Greenwoods Corner and entered the gated track to retrieve “Brownings” dual-camera SD cards.
The cameras take 20-second motion-activated video clips. They can use infrared to take pictures at night, recording the date and time.
The couple returned to the Arataki Visitor Center and viewed the images.
While watching a clip taken two days earlier, on August 26, Karolczak’s colleague said “Is that Bob Armitstead?”
“I looked at his screen and said, ‘Yes, it is.’
The couple found more footage of Armitstead breaking runway closures after checking cameras in September, he said.
The footage was shown to the court.
Armitstead received a handover notice after the May incident. But she responded to the council by questioning its validity and complaining about Karolczak.
Compliance team leader Jesse Hindt read Armitstead’s letter of complaint. He said the handover notice had basic flaws, including the wrong date.
Armitstead also alleged that Karolczak had been “confrontational” and “belligerent” when he caught him entering the track.
He claimed that she had rushed around a corner and “skidded” into the parking lot in an unidentified car before “yelling at me aggressively”, before recognizing him as Piha’s surf lifeguard partner.
“It could easily be construed as a surveillance action rather than a rapprochement by a council official,” the letter said.
Hindt told the court that the notice of violation was later withdrawn due to deficiencies and a replacement was sent.
He also said that he addressed Karolczak’s alleged behavior and considered the matter closed.
Prosecutor Brandon Watts previously told the court that Armitstead had entered closed portions of the park’s lanes three times. The closures were implemented in 2018 to stop the spread of the kauri dieback.
This morning, Armitstead admitted to breaking the rules on May 14, 2019 at Scenic Drive, Titirangi. But she disputes some of the alleged facts and denies having breached the runway closure rules on August 26 and September 11, 2019.
If convicted, you could be fined up to $ 60,000.
The trial has been postponed until next month and Armitstead is ready to take the stand in his own defense.
Tree-killing disease
Earlier this year, Auckland Mayor Phil Goff said the indictment reflected the “seriousness of the problem.”
“While most Auckland residents understand the need for temporary road closures to help stop the spread of dieback, people who break the rules without regard for the damage they cause must be held accountable.”
In May 2018, Auckland City Council closed the high-risk roads in Waitākere Ranges Regional Park to the public to protect forested areas from further spread of kauri disease, after Auckland iwi Te Kawerau a Maki initiated the process. placing a rāhui or prohibition. , about the area.
The shutdown meant that people entering those avenues could be prosecuted under the council’s bylaws.
Waitākere Ranges Regional Park has become a hotspot for the dieback of the tree-killing kauri, and a 2018 survey showed that it had spread to about 20 percent of kauri in just a decade.
“The survival of our most iconic native tree is at risk, and decisions to close the trails are based on strong evidence of what is necessary to slow and reverse the spread of Kauri disease,” said Goff.
Several other prosecutions are now before the courts, and council staff have also distributed dozens of illegal entry notices to visitors caught breaking the rules.